Judge Declares Mistrial in Vicious Anti-Gay New York City Beating

After three days of deliberations, a New York City judge declares a mistrial in the case of Keith Phoenix, the second defendant charged in the vicious beating death of an Ecuadorean immigrant mistakenly believed to be gay.

Judge Patricia Dimango declared a mistrial Tuesday evening after one juror refused to continue deliberations, reports the New York Post and 1010 WINS.

Earlier today the jury asked for more clarification on the December 2008 aluminum baseball bat attack over the head of Jose Sucuzhañay. reports NY1.

"Jurors asked ... the definition of committing something 'in concert,' if prosecutors have to prove "intent,' and for read-backs of testimony from two witnesses. In addition, the jury asked to review Phoenix's taped confession." another clarification on the definition of committing something 'in concert,' if prosecutors have to prove "intent," and for read-backs of testimony from two witnesses. In addition, the jury asked to review Phoenix's taped confession."

The first verdict was returned Thursday. Despite numerous witnesses hearing both men use anti-gay and anti-Hispanic slurs during the beating, co-defendant Hakim Scott was acquitted of murder and hate crime charges and convicted of manslaughter and assault. Scott will be sentenced June 9 and faces up to 40 years.

Two juries have been hearing the case because the defendants implicated each other. Phoenix's jury began deliberations late Thursday.

Rod 2.0 reported over the weekend that Brooklyn Congresswoman Nydia Velazquez says she will investigate if there are grounds for federal charges of civil rights violations. The Democratic lawmaker says, if needed, she will call Attorney General Eric Holder  to prosecute.

Question to the holdout: What part of the "videotaped confession" and "numerous witnesses"  to the beating-over-the-head-with-a-baseball-bat-while-saying "faggot" .... did you not understand"?

Rod 2.0's complete coverage HERE.

Thanks NATHAN JAMES!

Comments

[Nathan James]

Here's hoping we aren't about to see more "jury nullification" of the overwhelming evidence of murder, hate crimes, and intent here.

[Nathan James]

I am stunned, appalled, and dumbfounded at the declaration of a mistrial this evening for Mr. Phoenix. All those witnesses, tons of other evidence, and a videotaped confession by Phoenix himself, weren't enough to enable this jury to reach a verdict?

There is no justice, at least not today.

[MW09]

I CANNOT BELIEVE THIS! I'm just completely dumbfounded by this decision...what a bunch of idiots.

[Isis]

This is a miscarriage of justice. I life was taken in a BRUTAL manner and now there will be no REAL justice. "Manslaughter?" This man was killed in COLD blood! THIS IS MURDER!

[Ravenback]

Absolutely disgusting. As I've said before, I am not shocked or surprised. The jury system is broken. There are too many idiots who serve on juries. They can often times be stubborn and they flat out refuse to recognize the facts. My last jury experience was atrocious.

I certainly hope the prosecution decides to retry this murderous bastard. Revolting.

[DT]

I'm sorry did you just write aquitted of murder and hate crimes? For real? This was not murder or a serious hate crime to these "people"? In the words of Rodney Chester's character from Noah's Arc "Chile gay folk ain't got nobody but Jesus!" indeed it seems...

[Byron Monte]

The whole jury system in the US is a total joke. You have a group of people thrown together, some probably read nothing else besides the Post and the only thing they watch is Fox and then for a couple of weeks they can feel like king and act all important.
Please, go back to your day job if you don't understand the lexicon used in court. Let an educated judge handle the guilty/not guilty verdict instead of a bunch of morons.

[Observer]

Someone help me here. What does mistrial really mean? Does it mean they all go free or does it mean they will have to select another jury and or judge to go back into trial? Just curious as I really dont know much legal jargon. Thanks.

[Rod Mc]

Observer:
Your second guess is right. Prosecutors will have to refile and retry the case. -RM